Full Judgment Text
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CASE NO.:
Appeal (civil) 1982 of 2008
PETITIONER:
Rajni Sindhwani
RESPONDENT:
Central Board of Secondary Education & Ors.
DATE OF JUDGMENT: 12/03/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of SLP) No. 9087 of 2006)
Leave granted.
This appeal is directed against the final order dated 9th of January,
2006 passed by the Division Bench of the High Court of Delhi in Letters
Patent Appeal No.855 of 2004 by which the LPA was allowed and the
writ petition allowed by the learned Single Judge of the High Court was
rejected.
Having heard the learned counsel for the parties and after going
through the materials on record, we are of the view that when the writ
petition was entertained and allowed by the learned Single Judge, it was
not proper for the Division Bench to dismiss the writ petition on the
ground of delay and latches only. In that situation and in the facts of
this case, LPA ought to have been heard by the High Court on merits.
In this view of the matter, the order passed by the High Court is set
aside and the matter is remitted back to the Division Bench of the High
Court to decide the LPA on merits after giving opportunity of hearing to
the parties. The appeal is allowed to the extent indicated above. There
shall be no order as to costs.